R-2016-3793 - 9/22/2016RESOLUTION NO. R-2016-3793
WHEREAS, Avery Ranch Company Ltd. and Avery Exempt Trusts ("Owner") are the owners
of that certain 81.66 acre tract of land ("Property"), as described in Exhibit "A" to the Annexation
Development Agreement; and
WHEREAS, the City of Round Rock ("City") intends to annex the Property; and
WHEREAS, pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code,
the City and the Owner desire to enter into an Annexation Development Agreement regarding the
annexation of the Property into the city limits; Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an
Annexation Development Agreement With Avery Ranch Company Ltd. and Avery Exempt Trusts, a
copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 22nd day of September, 2016.
I�XL,-
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Clerk
0112.1604;00364153
01
EXHIBIT
„A»
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STATE OF TEXAS § ANNEXATION DEVELOPMENT
§ AGREEMENT WITH
COUNTY OF WILLIAMSON § AVERY RANCH COMPANY LTD &
AVERY EXEMPT TRUSTS
This is an ANNEXATION DEVELOPMENT AGREEMENT by and between THE CITY
OF ROUND ROCK, TEXAS ("City") Avery Ranch Company, Ltd., and JOHN S. AVERY,
Trustee of the John S. Avery Exempt Trust, CHARLES N. Avery, III, Trustee of the Charles
N. Avery, III Exempt Trust, A. NELSON Avery, Trustee of the A. Nelson Avery Exempt
Trust, and LUCILLE CHRISTINA Avery FELL, Trustee of the Lucille Christina Avery Fell
Exempt Trust ("Owner", whether one or more).
WHEREAS, Owner is owner of that certain 81.66 -acre tract of land more particularly
described in Exhibit "A", attached hereto (the "Property"), and;
WHEREAS, the City intends to annex the property, and;
WHEREAS, pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code,
the City and the Owner desire to enter into this Annexation Development Agreement (the
"Agreement"); and
WHEREAS, the Owner and the City acknowledge that this agreement is binding upon
the City and the Owner and their respective successors and assigns, and;
WHEREAS, this Development Agreement is to be recorded in the Official Records of
Williamson County, Texas
NOW THEREFORE, for and in consideration of the promises and the mutual agreements
set forth herein, the City and Owner hereby agree as follows:
A. PURPOSE
The purpose of this Agreement is to comply with all requirements of Sections 43.035 and
212.172 of the Texas Local Government Code pertaining to the annexation of property into
the Round Rock city limits (or extraterritorial jurisdiction).
B. GENERAL TERMS AND CONDITIONS
1. Both parties agree that in consideration of the mutual promises stated herein, that the
Property will not be annexed by the City of Round Rock so long as (1) the Property
continues to receive an agricultural exemption from the Williamson County Central
Appraisal District (the "AG Exemption"), except for existing single-family residential use,
and (2) no action is taken by the Owner or his assigns to file a subdivision plat or any
related development document for a use unrelated to the agriculture, regarding some or
all of the Property. If one or more of the above circumstances occur, the City is authorized
to commence proceedings to annex portions of the Property which are either affected by
the removal of the AG Exemption, or which are the subject of the Development
Documents. It is expressly understood and agreed that the Owners may develop the
Property in phases and that the City of Round Rock will only annex those portions of the
Property which are included within "final" subdivision plats.
2. As consideration for the City foregoing annexation proceedings as described above,
the Owner hereby authorizes the City to enforce all regulations and planning authority of
the City, except for any regulations which interfere with Owner's or tenant's use of the
Property for agricultural purposes, wildlife management, recreational enjoyment, or
timber production.
3. The Owner agrees that the City's AG- Agricultural zoning requirements apply to the
Property, and that the Property shall only be used for AG zoning uses until such time as
the Property is annexed into the City of Round Rock. Upon such annexation, the Property
will be entitled to be zoned for land uses that are consistent with the official City of Round
Rock Comprehensive Plan in effect on the date hereof and such other uses as may be
agreed upon by the City of Round Rock and the Owners.
4. The Owner acknowledges that if Owner or any successor or assign violates any
condition of this Agreement, then in addition to the City's other remedies, such act will
constitute a petition for voluntary annexation by the Owner, and the Property will be
subject to annexation at the direction of the Council. The Owner and any successors or
assigns agrees that such annexation shall be voluntary and the Owner hereby consents to
such annexation as though a petition for such annexation had been tendered by the
Owner, his successors or assigns.
5. Both parties agree that upon annexation of the Property by the City, the City shall,
within 30 days of the effective date of the annexation, initiate an initial zoning of the
Property conforming to the land use designation for the Property as shown on the most
recent amendment of City's Comprehensive Plan.
C. MISCELLANEOUS PROVISIONS
1. Actions Performable. The City and the Owner agree that all actions to be performed
under this Agreement are performable in Williamson County, Texas.
2. Governing Law. The City and Owner agree that this Agreement has been made under
the laws of the State of Texas in effect on this date, and that any interpretation of this
Agreement at a future date shall be made under the laws of the State of Texas.
3. Severability. If a provision hereof shall be finally declared void or illegal by any court
or administrative agency having jurisdiction, the entire Agreement shall not be void; but
the remaining provisions shall continue in effect as nearly as possible in accordance with
the original intent of the parties.
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4. Complete Agreement. This Agreement represents a complete agreement of the parties
and supersedes all prior written and oral matters related to this agreement. Any
amendment to this Agreement must be in writing and signed by all parties. This
Agreement runs with the land and shall bind the Property for a term of fifteen years,
unless amended by the parties.
5. Exhibits. All exhibits attached to this Agreement are incorporated by reference and
expressly made part of this Agreement as if copied verbatim.
6. Notice. All notices, requests or other communications required or permitted by this
Agreement shall be in writing and shall be sent by (i) telecopy, with the original delivered
by hand or overnight carrier, (ii) by overnight courier or hand delivery, or (iii) certified
mail, postage prepaid, return receipt requested, and addressed to the parties at the
following addresses:
City of Round Rock
City Manager
221 East Main Street
Round Rock, Texas 78664
Williamson County
Phone: (512)218-5401
Owner
Avery Ranch Company, Ltd., et al
400 E. Main Street
Round Rock, Texas 78664
Williamson County
Phone: ( 512) 750-1897
7. Force Majeure. Owner and the City agree that the obligations of each party shall be
subject to force majeure events such as natural calamity, fire or strike or inclement
weather.
8. Conveyance of Property. Any person who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give written notice of this Agreement to the
prospective purchaser or grantee, and shall give written notice of the sale or conveyance
to the City.
9. Continuity. This Agreement shall run with the Property and be binding on all
successors and grantees of Owner.
10. Signature Warranty Clause. The signatories to this Agreement represent and warrant
that they have the authority to execute this Agreement on behalf of the City and Owner,
respectively.
11. Discharge of Firearms. Owners may continue to discharge firearms on the property
during the pendency of this agreement as may be permitted by Texas law.
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SIGNED as of this day of 2016.
CITY OF ROUND ROCK, TEXAS
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Clerk
THE STATE OF TEXAS
COUNTY OF WILLIAMSON }
This instrument was acknowledged before me on the day of 2016,
by Alan McGraw, as Mayor and on behalf of the City of Round Rock, Texas.
PROPERTY OWNERS
Notary Public, State of Texas
Printed Name:
My Commission Expires:
Avery Ranch Company, Ltd.
By: CJAC, Inc, its general partner
51
John S. Avery President
THE STATE OF TEXAS }
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on the day of ,
2016,
by John S. Avery, President of CJAC, Inc., General Partner of Avery Ranch Company,
Ltd.
Notary Public, State of Texas
John S. Avery, Trustee of the John S. Avery
Exempt Trust
THE STATE OF TEXAS
COUNTY OF WILLIAMSON}
This instrument was acknowledged before me on the day of
2016, by John S. Avery, Trustee of the John S. Avery Exempt Trust.
Notary Public, State of Texas
5
Charles N. Avery, III, Trustee of the
Charles N. Avery, III Exempt Trust
THE STATE OF TEXAS
COUNTY OF WILLIAMSON}
This instrument was acknowledged before me on the day of , 2016,
by Charles N. Avery, III, Trustee of the Charles N. Avery, III Exempt Trust.
Notary Public, State of Texas
Seal
A. Nelson Avery, Trustee of the A. Nelson
Avery Exempt Trust
THE STATE OF TEXAS
COUNTYOF WILLIAMSON)
This instrument was acknowledged before me on the day of _
2016, by A. Nelson Avery, Trustee of the A. Nelson Avery Exempt Trust.
Notary Public, State of Texas
Con
Seal
Lucille Christina Avery Fell, Trustee of the
Lucille Christina Avery Fell Exempt Trust
THE STATE OF TEXAS
COUNTYOF WILLIAMSON)
This instrument was acknowledged before me on the day of , 2016,
by, Lucille Christina Avery Fell, Trustee of the Lucille Christina Avery Fell Exempt Trust.
Seal
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Notary Public, State of Texas
8
Exhibit
Areas Proposed for Development Agreement
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